III.
Alternatives Including the Preferred Alternative

The following alternatives all apply only to a small, discrete portion
of the Sanctuary defined as follows (the Jade Cove area): the nearshore
area bounded by the 35š55'20"N latitude parallel (coastal reference
point: beach access stairway at south Sand Dollar Beach), the 35š53'20"N
latitude parallel (westernmost tip of Cape San Martin), and the
mean high tide line seaward to the 90-foot isobath (depth line).
This area was determined, through consultation with jade collectors,
artisans, divers, natural resource managers, and other knowledgeable
parties to be the area historically of jade collection.

Alternative A: No
Action (Status Quo)

This alternative would maintain the regulation prohibiting exploration,
development or production of oil, gas or minerals within the Sanctuary.
Jade collection of any type would continue to be absolutely prohibited
within Sanctuary boundaries. Prohibition would remain consistent
with State law and Los Padres National Forest restrictions. However,
NOAA has determined that limited, small-scale jade collection
activities will have at most a de minimis effect on the non-living
jade resource and will not destroy, cause the loss of, or injure
other resources and qualities of the MBNMS. Therefore, this alternative
is not preferred.

Alternative B (Preferred
Alternative): Amend the Management Plan and regulations to allow:
(1) limited, small scale collection of loose pieces of jade under
certain conditions, and (2) collection of larger pieces of loose
jade pursuant to a Sanctuary permit.

This alternative, which is the preferred alternative, would provide
a two-part exception to the regulatory prohibitions against exploring
for, developing or producing oil, gas or minerals, and alteration
of the seabed. This alternative would allow small-scale collection
of loose pieces of jade that would otherwise naturally disintegrate
and will have at most a de minimis effect on the jade resource,
a non-living resource. The jade collected from the Sanctuary must
be loose, meaning that natural wave or storm action has already
completely separated the stone from the seabed. Stones that remain
attached to the seafloor (e.g., part of the jade vein, wedged
under another rock or overhang, or embedded in rock) are considered
part of the seabed and are not loose. A Sanctuary permit may possibly
be obtained for collection of larger pieces of loose jade in a
manner that has a negligible impact on other Sanctuary resources
(e.g., benthic habitat and communities). Collection of loose pieces
of jade in the Sanctuary is generally consistent with the manner
in which most jade was collected prior to Sanctuary designation.
Under no circumstances will NOAA allow the use of pneumatic, mechanical,
electrical, hydraulic or explosive tools for collection of jade.
For these reasons, NOAA has selected this alternative as its preferred
alternative.

The first part of this exception would allow small-scale collection
of loose pieces of jade under certain conditions:

No tools may be used to collect loose jade, except for a hand
tool as defined below, to maneuver or lift jade pieces or scratch
the surface of a stone as necessary to determine if it is jade;
a lift bag or multiple lift bags with a total lifting capacity
not to exceed two hundred pounds; and/or a vessel (except for
motorized personal watercraft) to provide access to the Jade
Cove area; and

Each person may collect only what that person individually
carries.

Hand tools would be specifically defined in the MBNMS regulations
as follows:

a hand-held implement, utilized for the collection of
jade pursuant to section 922.132(a)(1), that is no greater than
36 inches in length and has no moving parts (e.g., dive knife,
pry bar or abalone iron). Pneumatic, mechanical, electrical, hydraulic,
or explosive tools are, therefore, examples of what does not meet
this definition.

NOAA has determined that the use of such hand tools to aid in
maneuvering and lifting loose stones and scratching the surface
of stones as necessary to determine if they are jade will have
at most a de minimis effect on Sanctuary resources. Hand tools
are not authorized to be used to break or chip stones.

The two hundred pound lift bag limit corresponds with the restriction
limiting jade removal to what each person individually carries.
Over one hundred pounds is considered to be a very heavy physical
demand level (see Matheson, L. and M. Matheson, Examiners Manual
for the Spinal Function Sort), and appears to correspond with
the maximum amount that an average person could lift. The two
hundred pound lift bag will allow safe transport to the surface
of stones weighing less than 200 pounds. More important, the limitation
is consistent with the overall effort to avoid jade collection
that could adversely impact benthic (bottom) habitat. Stones exceeding
two hundred pounds would be of such mass as to be more likely
to support important components of the benthic community and should
not be relatively readily made available for removal with the
use of a lift bag with greater capacity. A Sanctuary permit would
be required for collection of such larger stones.

Motorized personal watercraft are specifically mentioned because
their operation is limited to four specific operating zones in
the Sanctuary. Operating motorized personal watercraft (as defined
in 15 CFR §922.131) in the Jade Cove area is prohibited.

The second part of this exception allows for the issuance of
Sanctuary permits for collection of loose pieces of jade not allowed
to be collected under the general exception for small scale, limited
jade collection. Jade collectors would be required to apply for
and receive a Sanctuary permit to collect such loose pieces of
jade. Applications would be reviewed on a case-by-case basis under
the general permit criteria contained at 15 CFR §§ 922.48
and 922.133 (see Appendix A), and would require that the applicant
have all necessary approvals from other jurisdictions, including
the California State Lands Commission. Any permits issued would
be conditioned to protect Sanctuary resources. No pneumatic, mechanical,
electrical, hydraulic, or explosive tools could be used to collect
jade under any circumstances. NOAA will also not permit any excavation
or mining of the jade resource, or the collection of larger loose
pieces that support important components of the benthic community.
Current State law would remain in force and anyone collecting
jade must comply with State requirements for jade collection.

This alternative would provide an exception to the MBNMS regulatory
prohibitions against exploring for, producing or developing oil,
gas or minerals within the Sanctuary, and altering the seabed
of the Sanctuary to allow collection of jade without any restrictions
on methods or amounts. It would eliminate any administrative burdens
on NOAA and the public (e.g., permits and enforcement). However,
it also represents a serious risk for significant impacts to the
jade resource, the benthic environment, and other Sanctuary resources
in the area. NOAA must consider the future consequences of current
management decisions. A policy allowing unrestricted jade collection
would create the future opportunity and potential for systematic,
large-scale extraction of jade. Rapid advancements in mining and
ocean engineering have greatly increased the capability to extract
increased quantities of resources from previously inaccessible
areas. Unlimited and unrestricted jade collection would therefore
not be compatible with the primary purpose of resource protection
and, consequently, is not the preferred alternative. Current State
law would remain in force and anyone collecting jade must comply
with State requirements for jade collection.